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(영문) 수원지방법원 2018.09.20 2018가단14157
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, while using the Bank’s SP cards, was liable for the obligations to the Bank.

B. On August 20, 2014, C limited liability company that acquired the claim against the Plaintiff from the Industrial Bank of Korea applied for a payment order against the Plaintiff on August 20, 2014, Seoul Western District Court 2014Guj54384, and issued a payment order on September 27, 2014. The original copy of the payment order was served on the Plaintiff’s cohabitant (spouse) on September 2, 2014. The said payment order became final and conclusive on September 17, 2014.

After that, on October 13, 2014, C limited liability company requested the Suwon District Court to issue a seizure and collection order and received the decision of acceptance on October 15, 2014 (No. 2014TTT). On November 21, 2014, C limited liability company served the Plaintiff’s cohabitant (spouse) with the collection order for the seizure and collection of the above claim.

C. On July 1, 2016, the Defendant re-transfered the claim against the Plaintiff from the limited liability company C to the Plaintiff.

After the defendant was issued with the execution clause succeeded to the above finalized payment order, he/she applied for the seizure and collection order of the claim to the Suwon District Court with the execution title, and received the decision of acceptance on March 12, 2018.

(2018, 103485. hereinafter "the instant claim seizure and collection order") E.

On the other hand, on October 26, 2015, the Plaintiff filed a bankruptcy and application for immunity with the Daejeon District Court No. 2647 and 2015Hadan2650 (hereinafter “instant immunity”) on the grounds that: (a) on November 3, 2016, the Plaintiff was granted immunity from the said court (hereinafter “instant immunity”); and (b) on November 19, 2016, the instant immunity became final and conclusive on November 19, 2016; and (c) on the debtor list prepared in the said immunity procedure, the Plaintiff did not indicate the Defendant’s credit that the Defendant acquired from C limited liability company (hereinafter “instant credit”).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 5, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion is of this case.

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